Employers May Face Higher Damages in NLRB Cases

In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair labor practice litigation. The … Continue reading

Posted in Uncategorized | Tagged ,

Share this Article:

NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers

In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers face the changes that are contemplated in … Continue reading

Posted in NLRA, NLRB | Tagged ,

Share this Article:

Scabby Is Protected

In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted an unfair … Continue reading

Posted in NLRA, NLRB | Tagged ,

Share this Article:

Checking In On The PRO Act

As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress.  With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act.  Some of the most significant provisions in the … Continue reading

Posted in NLRA, NLRB | Tagged , ,

Share this Article:

A Recent Supreme Court Decision Impacts Union Organizing for Agricultural Workers in California

In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the purpose of promoting union efforts. The Court’s … Continue reading

Posted in NLRA, NLRB | Tagged , ,

Share this Article:

Protected Activity or Disloyalty

In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected activity for which  the employee could not be … Continue reading

Posted in NLRA, NLRB | Tagged ,

Share this Article:

Affinity Groups and Labor Laws

Employers should be aware that depending on the circumstances, Employee Resource Groups or diversity, equity, and inclusion groups may be considered labor organizations under the NLRA. Further, employers should avoid the appearance of interfering, dominating, or unlawfully supporting such organizations. To … Continue reading

Posted in NLRA, NLRB | Tagged ,

Share this Article:

Inherently Concerted Activities

On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether … Continue reading

Posted in NLRB | Tagged , , ,

Share this Article:

Mail or In-Person Voting? The NLRB Issues Guidance on Representation Elections During the COVID-19 Pandemic

As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n, Petitioner, 370 NLRB No. 45 (2020), the NLRB adopted a … Continue reading

Posted in Labor, NLRB, Snell & Wilmer | Tagged , , , ,

Share this Article:

Employer Rules Prohibiting Illegal Strikes, Slowdowns and Walkouts

On July 30, 2020, the National Labor Relations Board (Board), issued a decision on the legality of an employer rule that prohibited employees from engaging in “illegal” strikes. The Board decision on this issue is of significant importance for employers. … Continue reading

Posted in Handbook, NLRA, NLRB, Snell & Wilmer | Tagged , ,

Share this Article: